|Pages 463-476||Pages 494-510|
|CHAP. XXVIII.||[Ch. LXVII in original.]|
|I. WHEREAS the defence and safety of the commonwealth depend upon having its citizens properly armed and taught the knowledge of military duty, and the different laws heretofore enacted being found inadequate to such purposes, and in order that the same may be formed into one plain and regular system;||Preamble.|
|II. Be it enacted, That all free male persons between the ages of eighteen and fifty years, except the members||Who shall be enrolled in the militia.|
|of the council of state, members of the American congress, judges of the superior courts, speakers of the two houses of assembly, treasurer, attorney general, auditors and their clerks, solicitor general and his clerks, clerks of the council of state and treasury, register of the land-office, his deputy and clerks, custom-house officers, all inspectors of tobacco, all professors, tutors, and students at the university of William and Mary, and other public seminaries of learning, all ministers of the gospel, licensed to preach according to the rules of their sect, who shall have previously taken, before the court of their county, an oath of fidelity to the commonwealth, post-masters, keepers of the public gaol and public hospital, millers, persons concerned at iron or lead works, or persons solely employed in repairing or manufacturing fire arms, all of whom are exempted from the obligations of this act, shall be enrolled or formed into companies of five serjeants, three corporals, a drummer, and fifer, and not less than fifty-five, nor more than sixty-five, rank and file; and these companies shall again be formed into regiments of not more than one thousand, nor less than five hundred men, if there be so many in the county. Each company shall be commanded by a captain, a lieutenant, and an ensign; each regiment by a lieutenant colonel commandant, and two majors; and the whole by a county lieutenant, whose rank shall be that of a colonel; and they shall take precedence and command of each other according to rank and seniority. These officers shall be resident within their county, and before they enter on the execution of their respective offices, shall take the following oath: "I −−− do swear, that I will be faithful and true to the commonwealth of Virginia, of which I profess myself to be a citizen, and that I will faithfully and justly execute the office of a −−−−, in the militia of the county of −−−−−, according to the best of my skill and judgment: So help me God." −− There shall be a private muster of every company once in every three months, at such convenient time and place as the captain, or next commanding officer, shall appoint; a muster of each regiment, on some day in the month of March or April, in every year, to be appointed by the commanding officer thereof, at a convenient place, near the centre of the regiment; and a general muster of the whole, on some day in the month of|| Who exempted.|
Oath of officers.
|October or November, in every year, to be appointed by the county lieutenant or commanding officer, at a convenient place near the centre of the county; for the times and places of the said musters, the county lieutenant or commanding officer for the time being, shall give notice to the commanding officer to regiments for the general muster; the commanding officers of regiments shall give notice to the commanding officers of their respective companies, of such general muster, and of his regimental muster; and the commanding officers of companies shall give notice of the general, regimental, and private musters, to every person of their respective companies; and to that end the commanding officers of companies shall have power to order so many of their serjeants, as they shall think fit, to give such notice, which may be done by person al summons by the said commanding officer, or serjeant so ordered, or by either of them, leaving notice in writing at the usual place of abode of the person to be summoned; the notices to be given by the commanding officer of the county and commanding officers of regiments, shall be in writing, delivered in person to be notified, either by such commanding officers themselves, or by such officer or officers of their respective commands, as they may think fit to order; the said notices shall be given by the commanding officer of the county to the commanding officers of regiments at least forty days; by the commanding officers of regiments at least thirty days; and by the commanding officers of companies, at least ten days, before such general regimental or private musters (as the case may be) shall be appointed to be had. −− Any officer ordered as aforesaid to give such notices, failing therein, shall, for every offence, forfeit and pay five pounds; and every sergeant so failing, shall forfeit and pay one pound for every such failure; to be recovered as other fines hereafter to be established. Every officer and soldier shall appear at his respective muster-field on the day appointed, by eleven o'clock in the forenoon, armed, equipped, and accoutred, as follows: The county lieutenants, lieutenant colonels commandant, and majors, with a sword; the captains, lieutenants, and ensigns, with a sword and espontoon; every non-commissioned officer and private, with a good clean musket, carrying an ounce ball, and three feet eight|| Notice of musters.|
Officers and soldiers how armed and accoutred.
|inches long in the barrel, with a good bayonet and iron ramrod well fitted thereto, a cartridge box properly made, to contain and secure twenty cartridges fitted to his musket, a good knapsack and canteen; and moreover, each non-commissioned officer and private shall have at every muster, one pound of good powder and four pounds of lead; including twenty blind cartridges; and each sergeant shall have a pair of moulds fit to cast balls for their respective companies, to be purchased by the commanding officer, out of the monies arising on delinquencies; provided, that the militia of the counties westward of the Blue Ridge, and the counties below adjoining thereto, shall not be obliged to be armed with muskets, but may have good rifles with proper accoutrements in lieu thereof. And every of the said officers, non-commissioned officers, and privates, shall constantly keep the aforesaid arms, accoutrements and ammunition ready to be produced whenever called for by his commanding officer. If any private shall make it appear to the satisfaction of the court hereafter to be appointed for trying delinquencies under this act, that he is so poor that he cannot purchase the arms herein required, such court shall cause them to be purchased out of the money arising from delinquents. The arms so purchased, shall, by the commanding officer of the county, be delivered to the captain of the company to which such poor private may belong, who shall deliver such arms to the private, but they shall continue the property of the county; and if any private shall sell or conceal the same, the seller, concealer, and purchaser, shall each forfeit and pay four pounds, to be recovered by the commanding officer, in any court of record, on ten days notice. And on the death, disability, or exemption of such poor private, or his removal out of the county, such arms, shall be delivered to the commanding officer of the company, who shall make report thereof to the next court to be held, as aforesaid, and deliver the same to such other poor private as they shall direct. And if any poor private shall remove out of the county, and carry such arms with him, he shall incur the same penalty as if he had sold them. And if any person concerned in selling, purchasing, concealing or removing such arms shall be prosecuted for the penalty, and upon conviction shall fail to make instant payment, or give security to pay the same|| |
Poor soldiers, how armed.
Penalty for selling, or concealing.
|in such time as the court shall deem reasonable, he shall suffer such corporal punishment as the court before whom the recovery shall be, may think fit, not exceeding thirty-nine lashes. And the lieutenant or commanding officer for the time being of any county, may recover any arms so sold, concealed, or removed, by action or petition in detinue or trover, with costs. And to the end that such arms may be known, the commanding officer shall cause to be stamped or engraved on them, the name of the county, together with the number of the regiment to which they may belong. At every muster, each captain or commanding officer, shall call his roll, examine every person belonging thereto, and note down all delinquencies occurring therein, and make return thereof at the next regiment or general muster to the lieutenant colonel commandant, or commanding officer of his regiment, including those which may occur on that day. Every lieutenant colonel commandant or commanding officer of a regiment, shall in like manner call his roll, examine and note down all delinquencies in his regiment, and make return thereof, together with those reported from commanding officers of companies, to the county lieutenant or commanding officer, within ten days after every general and regimental muster, who shall lay the whole, together with the delinquencies occurring to him on the like examination, so far as they relate to persons below field officers, before the court hereafter appointed to take cognizance of, and determine on them. And so far as they relate to field officers, the like returns shall be made to the executive who shall enquire into and determine on them. Provided, That the commanding officer of a county or of a regiment, shall not be obliged to extend their roll calls, or individual examinations beyond the officers, unless they observe some apparent necessity therefor. And to each of the said returns shall be annexed the following oath, to be administered by any justice of the peace, viz. "I −−−−−−, do swear that the returns hereunto annexed, contain all delinquencies which have occurred in the militia of my county, the −−−− regiment, or −−−− company of −−−− regiment (as the case may be) since the last return, having examined the same as the law directs; (and to the county and regimental return shall be added) and that the reports which accompany them are all which have been made|
Arms how stamped.
Delinquencies how noted.
|by the commanding officers of regiments or companies, as the case may be. So help me God." Every captain or commanding officer of a company shall, within ten days after every regimental and general muster, make up and report to the commanding officer of his regiment, a return of his company, including all arms, ammunition, and accoutrements, by this act directed, distinguishing effective and good from non-effective and bad, noting therein such as have died, removed, been exempted or added, and all persons within the bounds of his company not on his roll, who ought to be enrolled. The commanding officer of each regiment shall, within fifteen days after every general muster, make the like return to the commanding officer of the county, who shall, within forty days thereafter, make the like return of the whole of his militia, to the governor. The militia of this commonwealth as now organized, shall be disbanded, and all officers of the same are exonerated from all pains and penalties for non-performance of their duties heretofore prescribed, except the duties prescribed by the act for the better collection of the one-eighth per cent. tax, and the penalties for failure therein. And for providing for the appointments of the officers and others by this act described;|| |
|III. Be it further enacted, That the governor, with the advice of council, shall, on or before the first day of April next, appoint in each county within this commonwealth, the most able and fit persons who shall be willing to accept the same, to be county lieutenant, and the necessary regimental field officers, according to the number of militia on the present returns, and immediately issue commissions accordingly. Each county lieutenant and other field officer, shall, at the first or second court to be held in ther county after receiving such commissions, take the oath by this act directed. Every county lieutenant shall within one month after having taken such oath, summon all the field officers of his county, and an equal number of the senior magistrates, not being militia officers, to meet at the court-house, to form a board, at which he shall preside, and with them, or a majority of the said field officers and magistrates, respectively, each having taken the following oath, to be administered by one of the magistrates to the other members, and then by another magistrate to him, viz. "I −−−−−, do swear, that I will truly and faithfully|
Field officers to be appointed by executive.
Captains and subalterns to be recommended by a board of officers and senior magistrates, to the executive & commissioned.
|execute the trust now reposed in me, according to law, to the best of my skill and judgment: So help me God." shall, if there be more than one regiment, divide the county into districts, and assign a regiment to each, having regard to the number directed to be enrolled in a regiment by this act, and the convenience of the people: They shall then number the said regiments by lot, and the numbers so fixed, shall thereafter distinguish them. They shall then in like manner divide the regimental districts into districts for companies, having regard to the numbers directed to be enrolled in a company, and shall also number the said companies by lot, and the numbers so fixed, shall thereafter, together with that of the regiment to which they respectively belong, distinguish the companies: They shall then recommend by ballot, to each of the said companies, a captain and the subaltern officers, directed by this act; a list of which recommendations, the county lieutenant shall, within thirty days after they shall be made, transmit to the governor, who, with the advice of council, shall issue commissions thereupon, or may reject such as they may disapprove. The said commissions shall be sent by the governor to the respective county lieutenants, who shall forthwith deliver them to the several persons for whom they may be issued; and every such officer shall, at the first or second court thereafter held for the county, take the oath directed to be taken by this act. All commissions of the county lieutenant and other field officers, to be appointed in the first instance by virtue of this act, shall bear date on the same day; precedency in the different grades shall be determined by lot, and the commissions shall be numbered accordingly, which numbers shall be the tests of precedency whenever two or more officers of the same grade shall meet on duty. All commissions which shall be issued to captains and subalterns, to be appointed in the first instance by virtue of this act, shall bear date on the same day the nominations for the respective counties shall be completed; precedency in the different grades in the county shall be determined by lot, as directed for the field officers, and the commissions numbered accordingly; and whenever such officers of different counties shall meet on duty, the dates of their commissions shall determine; and whenever it shall happen that the dates are the same, recourse shall be had to the numbers. All vacancies which shall happen in the militia, as well|| Executive may reject rocommendations.|
Rank, how determined.
Vacancies how supplied.
|by the disapprobation of the executive as otherwise, shall be filled up from time to time, in the same manner as the original appointments are directed to be made, notice of which vacancies shall be taken from the returns by this act directed to be made; and the said board is hereby authorized and empowered to exempt from militia duty any person who shall make sufficient proof of his disability or infirmity. Each captain or commanding officer of a company shall, within ten days after receiving his commission, and qualifying as aforesaid, enroll all persons within his district, directed by this act to be enrolled, and shall appoint to his company five sergeants, three corporals, a drummer and fifer, to be approved by the commanding officer of his regiment; and all vacancies which may thereafter happen, shall be filled up by appointments in like manner. In all cases of death, absence, or resignation of any county lieutenant, lietenant colonel commandant, or captain, the next officer in rank in his respective command, shall be considered as the commanding officer during the vacancy, and liable to perform the duties required by this act, and for neglect therein, shall incur the penalties annexed thereto. And whereas, it will be of great utility and advantage in establishing a well disciplined militia, to annex to each regiment a light company, to be formed of young men, from eighteen to twenty-five years old, whose activity and domestic circumstances will admit of a frequency of training, and strictness of discipline, not practicable for the militia in general, and returning to the main body on their arrival at the latter period, will be constantly giving thereto a military pride and experience, from which the best of consequences will result;|| Light companies.|
|IV. Be it therefore enacted, That the governor, with the advice of council, shall, where the militia of the county will admit at the time of issuing the company commissions for each county, appoint and commission for each regiment therein, a captain, a lieutenant, and an ensign, of the most proper persons therfor, for a light company, whose commissions shall bear date with the others of their county, and be numbered by lot with them; and the said companies shall be distinguished by the following words "Light company of −−−−− regiment of −−−−− militia," filling up the blanks with the number of the regiment, and name of the county. Every person belonging to the said light companies,|
|shall wear while on duty, such caps and uniforms as the executive shall direct, to be purchased by the commanding officer of the county, out of the monies arising on delinquents. The captain thereof shall after qualifying as is directed for other officers, proceed to enroll in his company a sufficient number of young men as before described, and shall have a private muster twice in every three months. And as the men of such light company shall from time to time arrive at the age of twenty-five years, the captain shall make report thereof to the county lieutenant, who shall order them to be enrolled in the company whose districts they may respectively live in, and deficiencies shall be supplied by new enrollments. And the said companies shall in all respects be subject to the same regulations and orders as the rest of the militia.||Uniform.|
|V. And be it further enacted, That the plan of major general baron Steuben, established in congress, by their act, bearing date the twenty-ninth day of March, one thousand seven hundred and seventy-nine, for forming and disciplining the troops of the United States, shall be the guide for the militia of this commonwealth; disposing of a lieutenant colonel commandant, and two majors, as is directed in the said plan for a colonel, lieutenant colonel, and major, and making such other deviations as the numbers contained in different regiments, and other unavoidable circumstances shall render absolutely necessary. It shall be the duty of every commander of a county regiment and company, at every of their respective musters, to cause the militia to be exercised and trained, agreeable to the said plan, under pain of being arrested and tried for breach of their duty; and for this purpose the said officers are hereby authorized to order the most expert and fit officer in their respective companies to perform that duty. And to the end that a general knowledge thereof may be diffused, the executive is hereby authorized and required, to have a sufficient number of copies of the said plan printed and bound in boards, to afford to every commissioned officer of the militia, one, and to deliver them to the commanders of counties, to be by them distributed; and upon the death, resignation, or removal of any officer, the plan delivered him shall revert to the public; and the commanding officer for the time being, shall deliver the same to a new appointed officer who may||Steuben's discipline adopted.|
|not have received one; and for defraying the expence of so doing, shall draw on the contingent fund. Should any officer fail to make himself acquainted with the plan of discipline during the space of eighteen months, after he shall be furnished therewith, be shall forfeit his commission, by sentence of a court-martial.|
|VI. And be it further enacted, That twelve months after the commencement of this act shall be allowed for providing the arms and accoutrements herein directed; but in the mean time, the militia shall appear in at musters with, and keep by them the best arms and accoutrements they can get. Any officer who shall be guilty of disobedience or other misbehaviour when on duty, or shall at any time be guilty of any conduct unbecoming the character of any officer, shall be put under an arrest by his commanding officer, and tried as hereafter shall be directed. If any non-commissioned officer or soldier, shall behave himself disobediently or mutinously when on duty, on, or before any court or board, directed by this act to be held, the commanding officer, court or board, may either confine him for the day, or cause him to be bound neck and heels, for any time not exceeding five minutes. If any bystander shall interrupt, molest, or insult any officer or soldier while on duty at any muster, or shall be guilty of the like conduct before any court or board aforesaid, the commanding officer, or such court or board, may cause him to be confined for the day. The lieutenant or commanding officer of a county shall cause to be purchased out of the money arising from the fines, for every regiment in his county, the usual sets of colours, with such devices thereon as the executive shall direct, also a drum and fife for each company; and on the colours and drum shall be marked the name of the county, with the number of the regiment and company to which they belong. And whereas, it is necessary that adequate powers be vested in the executive for calling forth the militia and resources of the state, in cases of invasion or insurrection, or upon any probable prospect of such invasion or insurrection;|| Time allowed to provide arms.|
Misbehaviour how punishable.
Colours, drums, and fifes, how procured.
|VII. Be it further enacted, That the governor, with advice of the council, be authorized and empowered, on any such invasion or insurrection, or probable prospect thereof, to call forth such a number of militia, and from such counties as they may deem proper. And||On invasions and insurrection, how militia called out.|
|for the accommodation, equipment, and support of the forces, so at any time to be called forth, the governor, with advice aforesaid, may appoint such quarter-masters, commissaries, and other staff, as to them shall seem proper, and to fix their pay and allowances; and shall also take such measures for procuring, transporting, and issuing all stores, which may be necessary, as to them shall seem best. Orders for the militia to be called forth as aforesaid, shall be sent to the county lieutenant or commanding officer, with a notification of the place or places of rendezvous, who shall immediately take measures for detaching the same with the necessary number, and ranks of officers by detail and rotation of duty. If such detachment shall amount to one-third of a regiment, he shall send one field officer with it; if two-thirds of a regiment, two field officers; and if more than two-thirds, three field officers. The county lieutenant or commanding officer shall cause to be procured, by impressment or otherwise, for each company, a waggon, team, and driver, six axes, and six camp kettles, or pots of convenient size, all which shall be delivered to the commanding officer of the company, who shall be accountable for returning the same, when his tour is over; and the articles aforesaid, shall be returned to the owners, who shall be allowed for the use of the same whatever may be adjudged by the court hereafter appointed for enquiring into delinquencies. And to the end, that if any article impressed shall be lost, the owner may be paid for the same, the county lieutenant or commanding officer, shall cause all property by him impressed by virtue of this act, to be valued by two or more disinterested freeholders on oath, before the same shall be sent away; and upon proof being made to the said court of any article being lost, the valuation thereof shall be allowed, without any allowance for the use; and the said allowance shall be certified to the auditors of public accounts: the said court shall make enquiry into the cause of such loss, and if it shall appear that the said loss was occasioned by the misconduct or inattention of any officer, the county lieutenant or commanding officer is hereby authorized to prosecute a suit against such officer, for recovery of damages, for the use of the commonwealth. If it shall appear to the executive upon calling forth the militia as aforesaid, that the necessary number and|| |
Quarter-masters, commissaries, and other staff.
Orders, to whom sent.
Officers to command.
|ranks of officers will not attend the detachments for regimenting and officering them at the places of rendezvous, the governor, with advice of the council, is hereby authorized to appoint such field officers as may be necessary from the counties called upon, as they may think proper, to join the forces so raised; and the senior officer shall arrange and command the whole, and appoint the usual regimental staff. And if a general officer or officers shall, in the opinion of the executive, be necessary either on account of the number of troops, or importance of the service, the governor, with advice of the council, shall appoint and commission one or more brigadiers general for the then existing occasion, who are hereby authorized to appoint each, and aid-de-camp, brigade major, and brigade quarter-master. −− If a sudden invasion shall be made into any county of this commonwealth, or in case of an insurrection in any county, the county lieutenant is hereby authorized and required to order out the whole, or such part of his militia as he may think necessary, and in such manner as he may think best, for repelling or suppressing such invasion or insurrection, and shall call on the lieutenants or commanding officers of the adjacent counties for such aid as he may think necessary, who shall forthwith in like manner furnish the same. And for assembling the militia required upon such occasions, or by orders of the executive, the same measures shall be taken to summon them as is directed in the cases of musters. Whenever any militia shall be called forth into actual service as aforesaid, they shall be governed by the articles of war which were last in force in the continental army during the last war; and the courts martial shall be held as are therein directed; but to the cashiering of any officer, or capital punishment of any person, the approbation of the executive shall be necessary. And whenever any militia shall be in actual service, they shall be allowed pay and rations as follows, to commence from the time of rendezvousing in their counties, and to end on being discharged, viz. A brigadier general, one hundred and twenty-five dollars per month, and twelve rations of provisions, and five rations of forage, for himself and family per day; an aid-de-camp, thirty dollars per month; a colonel, forty-five dollars per month, and six rations of provisions and two rations of forage per day; a brigade major, thirty dollars per month, four rations|
General officer and staff.
Sudden invasion or insurrection.
Articles of war.
Pay and rations.
|of provisions and two rations of forage per day; a brigade quarter-master, thirty dollars per month, and three rations of provisions and one ration of forage per day; a lieutenant colonel commandant, thirty-six dollars per month, and five rations of provisions and two rations of forage per day; a major, thirty dollars per month, and four rations of provisions and two rations of forage per day; a captain, twenty-four dollars per month, and three rations of provisions per day; a lieutenant, sixteen dollars per month, and two rations of provisions per day; an ensign, twelve dollars per month, and two rations of provisions per day; a surgeon, sixty dollars per month, and three rations of provisions, and two rations of forage per day; a quarter-master, twenty dollars per month, and two rations of provisions, and one ration of forage per day; a paymaster, forty dollars per month, and two rations of provisions, and one ration of forage per day; and adjutant, twenty-four dollars per month, and two rations of provisions and one ration of forage per day; a quarter-master's serjeant, eight dollars [per] month, and one ration per day; a serjeant, seven dollars per month, and one ration per day; a corporal, six dollars per month and one ration per day; a private, five dollars and one half dollar per month, and one ration per day. and should any of the staff be of the line, the allowances herein given, shall include what they may receive in the line. A ration of provision [provisions] shall consist of one pound of fresh beef or pork, or three quarters of a pound of salt pork, one pound of wheat bread or flour, or one pound and a quarter of corn meal, one gill of rum when to be had, and one quart of salt, one quart of vinegar, two pounds of soap, and one pound of candles to every hundred rations, but in case salt meat be issued, the salt to be withheld; and a ration of forage of ten quarts of corn or oaths and fourteen pounds of hay or fodder. And moreover, every militia man upon his discharge from active service, shall be entitled to, and receive one day's pay for each twenty miles such place of discharge shall be distant from his place of abode. And should the executive at any time find it expedient to retain the whole, or any part of the rations of provisions or forage herein allowed to officers, and to allow a composition in money, they are hereby empowered to do so.|| Ration, of what to consist.|
|VIII. And be it further enacted, That the commanding officer of the militia in every county, shall some time before the first day of May in every year, appoint an officer, and in so many men of the militia as to him shall appear necessary, not exceeding four, once in every month, or oftener, if thereto required by such officer, to patrole and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons as aforesaid unlawfully assembled, or any others strolling about from one plantation to another, without a pass from his or her master, mistress, or owner, and carry them before the next justice of the peace, who, if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person as aforesaid, to receive any number of lashes not exceeding twenty, on his or her bare back. And in case one company of patrollers shall not be sufficient, to order more companies for the same service. And after every patrole, the officer of each party shall return to the captain of the company to which he belongs, report in writing upon oath, (which oath such captain is hereby empowered to administer) of the names to those of his party who were upon duty, and of the proceedings in such patrole, and such captain shall once in every month deliver such patrole returns to the commanding officer of the militia, by whom they shall be certified and delivered to the next court-martial; and if they shall adjudge the patrollers have performed their duty according to law, the chief officers shall certify the same to the county court, who are thereupon empowered and required to levy twenty pounds of tobacco, or three shillings, for every twelve hours each of them shall so patrole. And every commanding officer failing to appoint patrollers according to the directions of this act, shall forfeit and pay ten pounds; and every person appointed to patrole, failing to do his duty, shall forfeit and pay twenty shillings for every such failure; which fines shall be laid, collected, accounted for, and appropriated as is herein directed for the laying, accounting for, and appropriating the several fines and penalties by this act directed. And whereas, it is necessary that certain tribunals be described and instituted for the trial of offences as they are to be viewed in a military light, as well as for enquiring into delinquencies, and assessing fines thereon;|| Patroles, how appointed.|
Their duty and compensation.
|IX. Be it therefore enacted, That the governor, with advice of council, shall have power to arrest the county lieutenant or commanding officer of a county, and all other officers, for any misconduct whatever, and upon trial and conviction, may censure or cashier them. −− All officers under the county lieutenant or commanding officer of a county, may also be arrested by such commanding officer, and reported to the governor for trial, or at the option of such commanding officer, a general court-martial, to consist of thirteen officers, may, by his order, be held in the county for trial of such as shall be under the rank of a field officer. The president of the said court shall be a field officer, and six at least of the members shall be captains; and where there is not a sufficient number of officers in any county, to constitute a court, where the arrest is made, the commanding officer of such county may call upon as many officers from the adjacent counties, as will be sufficient to make up a court; and such court may, on conviction, censure or cashier any officer so tried, and their sentence shall be final, saving to such officer an appeal to the executive if he shall think proper; in which case, the commanding officer shall furnish him with a copy of the proceedings of the said court: Any non-commissioned officer or soldier offending, shall be tried by a like general court-martial, and may, on conviction, be censured or fined at the discretion of the court; and failing to make instant payment of such fine, or to give sufficient security therefor, within such time as the court may think proper, shall receive corporal punishment, not exceeding twenty lashes. For obtaining the necessary evidence for the trials aforesaid, the governor or commanding officer of the county, as the case may be, shall issue his summons, and any person so summoned, failing to attend, shall forfeit and pay, upon a summons from the governor, ten pounds, and upon a summons of the commander of a county, five pounds, to be reported by the commanding officer, amongst other delinquencies, to the court aforesaid.|| Arrest of officers.|
Courts-martial, for trial of.
|X. And be it further enacted, That the commander of a county, shall on some day in the months of May and November (his general muster being over) summon all his field officers, and an equal number of the senior magistrates, and with them, or a majority of such field officers and magistrates respectively, shall||Courts of enquiry, how constituted.|
|form a court of enquiry, and assessment of fines; the said court shall take the following oath, to be administered by any one of the magistrates to the other members, and afterwards by any one of them to him, viz: −− "I −−−−−−−−−, do swear, that I will truly and faithfully enquire into all delinquencies which appear on the returns to be laid before me, and will assess the fines thereon as shall seem just, without favor, partiality, or affection. So help me God." The county lieutenant shall then lay before the said court, all the returns of delinquencies, as directed by this act, whereupon they shall proceed to hear and determine on them. All fines to be assessed by virtue of this act, shall be collected by the sheriff of the county, upon a list thereof, certified by the commanding officer, and delivered to the sheriff, on or before the first day of January, in every year, who shall account for the same to the county lieutenant, or his successor, in the manner directed, and be allowed the same commission as for other public monies, on or before the first day of November, in the same year; and on failure, the commanding officer, or his successor, shall on ten days previous notice, obtain judgment for the same, in the county court, with costs. And should any person so charged with fines, fail to make payment, on or before the first day of May, in any year, the sheriff is hereby authorized to make distress and sale therefor, in the same manner as is directed in the collection of taxes. The commanding officer of every county, shall, on or before the thirty-first day of December, in every year, render to the executive, an account upon oath, of all monies which have come into his hands by virtue of his office, and of his disbursements, and if their shall remain any money in his hands, the same shall be paid into the treasury, in aid of the contingent fund. And for enhancing obedience to this act,|| |
Their powers and duty.
|XI. Be it enacted, That the following forfeitures and penalties shall be incurred for delinquencies, viz. by the county lieutenant or commanding officer of a county, for failing to take any oath, to summon any court or board, to attend any court or board, to transmit any recommendation of an officer or officers to the governor, to deliver any commission or commissions, to appoint a general muster, to attend such muster armed as required, to report delinquencies, to make a general return||Fines for delinquencies.|
|of his militia to the governor, as is directed by this act, shall, for each and every such offence or neglect, forfeit and pay twenty pounds; failing to send into actual service any militia called for by the governor, or to turn out his militia upon an invasion or insurrection of his county, fifty pounds: By a lieutenant colonel commandant, for failing to take any oath, to attend any court or board, to appoint a regimental muster, to give notice of a general muster, to examine his regiment, to report delinquencies, or to make any return as directed by this act, he shall forfeit and pay for each and every offence or neglect, ten pounds; failing to call forth from his regiment, with due dispatch, any detachment of men and officers, armed and equipped, as shall from time to time, be required by the commanding officer, on any call from the governor, invasion of, or insurrection in his county, or requisition of a neighbouring county, twenty-five pounds: By a major for failing to take any oath, to attend [at] any court or board, to attend any muster armed as is herein directed, he shall for each and every such offence or neglect, forfeit and pay eight pounds; failing to repair to his rendezvous when summoned upon any call of the governor, invasion of or insurrection in the county, he shall forfeit and pay sixteen pounds: By a captain, for failing to take any oath, to attend any court, to enroll his company, to appoint private musters, to give notice of a general or regimental muster, to attend any muster armed, to call his roll, examine his company, and report delinquencies, to make any return as is directed by this act, he shall forfeit and pay for each and every such offence and neglect, six pounds; failing to call forth such officers and men, as the commanding officer shall from time to time order from his company, upon any call from the governor, invasion of or insurrection in the county, or requisition from an adjacent county, or failing on any such occasion to repair to the place of rendezvous, he shall forfeit and pay twelve pounds: by a subaltern officer, for failing to take any oath, to attend any court or muster armed as directed, for each of the said offences he shall forfeit and pay three pounds; failing to repair to his place of rendezvous armed as required, when ordered upon any call from the governor, invasion of or insurrection in the county, or requisition|
|from a neighbouring county, he shall forfeit and pay six pounds. And moreover, the said officers, for any of the said offences shall be liable to be arrested and tried for the same as military offenders: By a non-commissioned officer or soldier, for failing to attend at any muster, with the arms, ammunition, and equipments, as directed by this act, he shall forfeit and pay ten shillings; failing to repair to his rendezvous, when ordered upon any call from the governor, invasion of or insurrection in the county, or requisition from a neighbouring county, he shall forfeit and pay two pounds. And any magistrate failing to attend any court or board, or to take any oath directed by this act shall forfeit and pay ten pounds. All arms, ammunition, and equipments of the militia, shall be exempted from executions and distresses at all times, and their persons from arrests in civil cases, while going to, continuing at, or returning from musters, and while in actual service. Each court or board, by this act directed to be held, are empowered to appoint a clerk and provost marshal; such clerk shall keep a fair record of their proceedings, and together with the said provost marshal, receive such allowance, to be paid out of the fines arising from delinquencies, as the said court or board shall think reasonable. And whereas the practice of paying for arms and accoutrements by the public, which are lost in service, is productive of the most mischevious consequences, in as much as it takes away a very great incentive to the holding them fast in action, and the preservation of them elsewhere;||Arms exempted from execution or distress, and militia from arrest.|
|XII. Be it enacted, that no arms or accoutrements, which may hereafter be lost in service, shall be paid for by the public, unless the loser shall be killed, wounded, or otherwise incapacitated in the opinion of a court-martial, from preserving his arms.||Arms lost in public service not to be paid for, unless the loser killed or disabled.|
|XIII. And be it further enacted, That this act shall commence and be in force, from and after the first day of April next, and thereafter all and every act or acts heretofore enacted for or during any matter or thing wihtin the purview of this act, shall be, and the same are hereby repealed. Provided, That this act shall not be construed to deprive the people called quakers of any privilege granted to them by an act of assembly, intituled, "An act to exempt quakers from attending||Repeal of former acts, saving of privileges of quakers.|
|musters." Provided also, That the governor, with advice of council, shall have power and authority to suspend the operation thereof in the counties on the western waters, so long as they may think proper.||Militia of Williamsburg and Norfolk, under same regulations as in counties.|
|XIV. And be it further enacted, That the militia of the city of Williamsburg and borough of Norfolk, shall have their officers appointed, and be under the same rules and regulations as the different counties.|
|Pages 463-476||Pages 494-510|